Kinney's attorney cites conspiracy

Tuesday

Mar 30, 2010 at 7:39 AM

Alyssa Dizon

A defense attorney told a Hockley County jury Monday that law enforcement had its own conspiracy to remove the sheriff from office.

Lubbock attorney Rod Hobson argued interim Sheriff Kevin Davis and County Attorney Christopher Dennis were planning to replace the suspended Sheriff David Kinney. Kinney was suspended in August after two of his deputies were arrested and charged in connection with a drug ring conspiracy.

Davis appeared on the witness stand Monday afternoon in Levelland for the jury trial to permanently remove Kinney from office.

Hobson said Davis was the only candidate for interim sheriff, he worked closely with District Attorney Gary Goff and he knew details about the meth ring investigation through narcotics officer Gary Moran.

However, Davis testified he wanted to become sheriff only after Kinney's former chief deputy Gordon Bohannon "implicated himself" in felony drug charges connected to a multi-state methamphetamine ring. At the time, Davis was an investigator for Goff.

Davis said he did not ask for the position, but accepted it because Dennis had asked him, and "it was the right thing to do." There was no conspiracy on his part to become the new sheriff, he said.

Before he became the interim sheriff, Davis said the sheriff's office had a number of concerns - the disorganized property room, an ambulance full of dangerous materials and Kinney's lack of control over his deputies.

According to the property room log, there were "11 critical discrepancies" - missing firearms, illegal substances and money - from 1997 to 2008. Davis said the property room, which is supposed to contain evidence and a thorough evidence log, was "very much in disarray" and was used as storage for Christmas decorations, files and old uniforms. He also found bags of meth scattered in various desks and cabinets in the office.

Hobson pointed out that of the 11 missing items only three can be attributed to Kinney's time as sheriff from 2005 to 2008; all the items from before then should not be held against Kinney.

As for the ambulance, Hobson said the materials were locked up, were not a danger to citizens and were substances that could be purchased at a regular store. Also, Davis had the materials dumped, but had a friend take care of it possibly without permission.

Prosecuting attorney George Thompson of Lubbock compared Davis' professional experience and current results with Kinney's.

Davis said he would resign had he been sheriff if unlawful activities occurred on his watch because it is the sheriff's responsibility to maintain control of his office.

But when Hobson questioned Davis about some of his questionable decisions as interim sheriff, Davis said it was not careless or incompetent on his part even though he deemed Kinney's decisions incompetent. Davis bought new uniforms instead of bulletproof vests and did not test the drugs found outside of the property room.

Goff was the first to testify Monday morning and, like Davis, said there was no plan to incriminate and remove Kinney. He said he did become suspicious of Bohannon after the "retaliatory arrest" of Robert Stanley, who had released information about Bohannon's confidential informant, Brad Gore.